Criminal Law – Money Laundering – Appeal against quashing of proceedings under the PMLA – Respondent alleged to have handed over Rs.50,00,000 as bribe to a public servant – High Court quashed proceedings under PMLA on the ground that money assumed the character of proceeds of crime only upon receipt by the public servant – Supreme Court held that the intent to hand ov...
Criminal Law – Rape and Murder Conviction – Appellant challenges the acquittal of the respondent for the rape and murder of the victim – The trial court had convicted the respondent, but the High Court acquitted him – Supreme Court restores the conviction and sentence, emphasizing the probative value of the dying declaration and the irrelevance of the victim’s sexual ...
Criminal Procedure - Bail - Regular Bail - Grant of regular bail under Section 439 Cr.P.C. - Petitioner involved in FIR No.914 dated 22.11.2022, registered under Sections 148, 149, 323, 324, 506 IPC (Sections 307, 325, and 326 IPC added later) - Petitioner in custody for over 6 months - Allegations against petitioner emerged in supplementary statement of complainant after 3½ months - Co-acc...
Criminal Law – Anticipatory Bail – Appeal against the High Court’s order granting anticipatory bail to the respondent accused of sexually assaulting his 12-year-old niece – Supreme Court held that the High Court erred in granting anticipatory bail given the seriousness of the allegations and the statutory presumptions under Section 29 of the POCSO Act – Observations m...
Criminal Law – Abetment of Suicide – Disciplinary Action – The appellants, comprising college authorities, were charged under Section 306 IPC following the suicide of a student after disciplinary actions were taken against him for alleged misconduct – Supreme Court examined whether the actions of the appellants constituted abetment of suicide – It was held that there ...
Constitutional Law – Transfer of Criminal Trial – Petitioners, being the daughter and wife of the deceased, sought transfer of trial and further investigation from Andhra Pradesh to Hyderabad or New Delhi – Supreme Court held that the petitioners’ apprehensions of a biased trial and investigation due to the influence of state authorities and threats to key witnesses were re...
Criminal Law – Defamation – Second Complaint – Appellant filed a second complaint identical to the first, alleging defamation by the respondents through media reports. The first complaint was dismissed by the Judicial Magistrate, and the dismissal was upheld by the High Court. The Supreme Court reiterated that a second complaint on the same facts is not maintainable unless there ...
Preventive Detention – Right to Representation – Legibility of Documents – High Court set aside the detention orders on grounds of failure to supply legible copies of documents relied upon by the detaining authority – Supreme Court upheld that this failure violated the detenu's fundamental right under Article 22(5) of the Constitution – Appeal dismissed – Or...
Criminal Case - Anticipatory Bail - Interim Anticipatory Bail - Making Interim Anticipatory Bail Absolute - Need for Custodial Interrogation - Misuse of Liberty - Consideration of Gravity of Offense - Code of Criminal Procedure, 1973 - Sections 438, 341, 379, 294, 326, 34 of the Indian Penal Code - Investigation into Hailakandi Police Station Case No. 05/2023 - Allegations of Restraint, Attack, an...
Penal Code 1860 (IPC) – Murder – Acquittal – Discrepancies and inconsistencies in the prosecution witnesses' evidence – Material contradictions noted in testimonies – Convictions and sentences set aside – Appeals allowed [Paras 1-62].
Discrepancies in Evidence – Vital discrepancies in prosecution's witnesses – Testimonies failed ...